Legal considerations
De-personalised information should be used wherever possible and is particularly
appropriate when identifying Focus areas (Hot Spots). There are a number of crime
reduction activities, which will require the exchange of personal information between
agencies. This might include efforts to secure an anti-social behaviour or a scheme
to assist in the rehabilitation of offenders. When assessing whether personal information
needs to be shared agencies should ensure that only the minimum amount of information
is exchanged to those, who have a clear established and legitimate need to use it.
Information exchanges must always be in accordance with the law and several pieces
of legislation may need to be considered when exchanging personal information. The
law requires exchanges of personal information to be considered on it’s individual
merits and strictly on a case-by-case basis. Different legislative provisions will
apply to different circumstances.
Each exchange of information may ultimately be subject to review by the courts,
the Information Commissioner and in the case of public sector authorities, the Ombudsman.
It is essential therefore that each disclosure of information to another party can
be clearly justified and failure to do so could result in civil and even criminal
sanctions.
These considerations will normally depend on:
the nature of the information you hold
how it was obtained
the nature and purpose of your agency
the purpose of the disclosure
the amount of information being disclosed
the crime reduction activity being undertaken
There are two key questions to be considered before disclosing any information:
Do I have a legal power to disclose this information?
If the answer to the first question is yes, then you should consider:
Am I proposing to do so properly, with due regard to both common and statute
law?
The following sections outline the key areas of law, which you will need to be
consider before answering these questions. This is only general guidance and
a number of additional factors may need to be considered and legal advice sought,
where necessary. It is for each agency to establish, whether an exchange or disclosure
is lawful.
Key issues to consider:
Before considering whether information can be legally exchanged, you will need
to establish:
Who owns the information?
Is it held legally?
Why is the information required?
How much information is required?
What information sharing arrangements are already in place (e.g. a protocol)?
Where did it come from?
Is there a lawful basis for the exchange?
Will the agency receiving the information hold and use it lawfully?
The principal areas of law are:
Other Statutory considerations
Other considerations:
Legitimate Expectation
Ultra and Intra Vires
Medical Confidentiality
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